82 FR 23709 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 98 (May 23, 2017)

Page Range		23709-23710
FR Document		2017-10557

FMCSA announces its decision to exempt six individuals from the requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) that interstate commercial motor vehicle (CMV) drivers have ``no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a CMV.'' The exemptions enable these individuals who have had one or more seizures and are taking anti- seizure medication to operate CMVs in interstate commerce.

Federal Register, Volume 82 Issue 98 (Tuesday, May 23, 2017)

[Federal Register Volume 82, Number 98 (Tuesday, May 23, 2017)]
[Notices]
[Pages 23709-23710]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10557]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2016-0011]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt six individuals from 
the requirement in the Federal Motor Carrier Safety Regulations 
(FMCSRs) that interstate commercial motor vehicle (CMV) drivers have 
``no established medical history or clinical diagnosis of epilepsy or 
any other condition which is likely to cause loss of consciousness or 
any loss of ability to control a CMV.'' The exemptions enable these 
individuals who have had one or more seizures and are taking anti-
seizure medication to operate CMVs in interstate commerce.

DATES: The exemptions were effective on February 3, 2017. The 
exemptions will expire on February 3, 2019.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, (202) 366-4001, [email protected], FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, 
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m. 
e.t., Monday through Friday, except Federal holidays. If you have 
questions regarding viewing or submitting material to the docket, 
contact Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

I. Electronic Access

    You may see all the comments online through the Federal Document 
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov and/or Room W12-140 on the 
ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m. e.t., Monday through Friday, 
except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to http://www.regulations.gov, as described in 
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed 
at http://www.dot.gov/privacy.

II. Background

    On December 29, 2016, FMCSA published a notice announcing receipt 
of applications from six individuals requesting an exemption from the 
epilepsy prohibition in 49 CFR 391.41(b)(8) and requested comments from 
the public (81 FR 96193). The public comment period ended on January 
30, 2017, and no comments were received.
    FMCSA has evaluated the eligibility of these applicants and 
determined that granting exemptions to these individuals would achieve 
a level of safety equivalent to or greater than the level that would be 
achieved by complying with the current regulation 49 CFR 391.41(b)(8).
    The physical qualification standard for drivers regarding epilepsy 
found in 49 CFR 391.41(b)(8) states that a person is physically 
qualified to drive a CMV if that person:

    Has no established medical history or clinical diagnosis of 
epilepsy or any other condition which is likely to cause the loss of 
consciousness or any loss of ability to control a CMV.

    In addition to the regulations, FMCSA has published advisory 
criteria \1\ to assist medical examiners in determining whether drivers 
with certain medical conditions are qualified to operate a CMV in 
interstate commerce. [49 CFR part 391, APPENDIX A TO PART 391--MEDICAL 
ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8), paragraphs 
3, 4, and 5.]
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    \1\ See http://www.ecfr.gov/cgi-bin/text-idx?SID=e47b48a9ea42dd67d999246e23d97970&mc=true&node=pt49.5.391&rgn=div5#ap49.5.391_171.a and https://www.thefederalregister.org/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
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III. Discussion of Comments

    FMCSA received no comments in this proceeding.

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption 
from the epilepsy/seizure standard in 49 CFR 391.41(b)(8) if the 
exemption is likely to achieve an equivalent or greater level of safety 
than would be achieved without the exemption. The exemption allows the 
applicants to operate CMVs in interstate commerce.
    In reaching the decision to grant these exemption requests, FMCSA 
considered the 2007 recommendations of the

[[Page 23710]]

Agency's Medical Expert Panel (MEP). The January 15, 2013, Federal 
Register notice (78 FR 3069) provides the current MEP recommendations 
which is the criteria the Agency uses to grant seizure exemptions.
    The Agency's decision regarding these exemption applications is 
based on an individualized assessment of each applicant's medical 
information, including the root cause of the respective seizure(s) and 
medical information about the applicant's seizure history, the length 
of time that has elapsed since the individual's last seizure, the 
stability of each individual's treatment regimen and the duration of 
time on or off of anti-seizure medication. In addition, the Agency 
reviewed the treating clinician's medical opinion related to the 
ability of the driver to safely operate a CMV with a history of seizure 
and each applicant's driving record found in the Commercial Driver's 
License Information System (CDLIS) for commercial driver's license 
(CDL) holders, and interstate and intrastate inspections recorded in 
the Motor Carrier Management Information System (MCMIS). For non-CDL 
holders, the Agency reviewed the driving records from the State 
Driver's Licensing Agency (SDLA).
    These six applicants have been seizure-free over a range of 10 to 
27 years while taking anti-seizure medication and maintained a stable 
medication treatment regimen for the last two years. In each case, the 
applicant's treating physician verified his or her seizure history and 
supports the ability to drive commercially.
    A summary of each applicant's seizure history was discussed in the 
December 29, 2016, Federal Register notice (81 FR 96193) and will not 
be repeated in this notice.
    The Agency acknowledges the potential consequences of a driver 
experiencing a seizure while operating a CMV. However, the Agency 
believes the drivers granted this exemption have demonstrated that they 
are unlikely to have a seizure and their medical condition does not 
pose a risk to public safety.
    Consequently, FMCSA finds that in each case exempting these 
applicants from the epilepsy/seizure standard in 49 CFR 391.41(b)(8) is 
likely to achieve a level of safety equal to that existing without the 
exemption.

IV. Conditions and Requirements

    The terms and conditions of the exemption are provided to the 
applicants in the exemption document and includes the following: (1) 
Each driver must remain seizure-free and maintain a stable treatment 
during the two-year exemption period; (2) each driver must submit 
annual reports from their treating physicians attesting to the 
stability of treatment and that the driver has remained seizure-free; 
(3) each driver must undergo an annual medical examination by a 
certified Medical Examiner, as defined by 49 CFR 390.5; and (4) each 
driver must provide a copy of the annual medical certification to the 
employer for retention in the driver's qualification file, or keep a 
copy of his/her driver's qualification file if he/she is self-employed. 
The driver must also have a copy of the exemption when driving, for 
presentation to a duly authorized Federal, State, or local enforcement 
official.

V. Preemption

    During the period the exemption is in effect, no State shall 
enforce any law or regulation that conflicts with this exemption with 
respect to a person operating under the exemption.

VI. Conclusion

    Based upon its evaluation of the six exemption applications, FMCSA 
exempts the following drivers from the epilepsy/seizure standard, 49 
CFR 391.41(b)(8), subject to the requirements cited above:

Ryan Babler (WI)
Craig Lasecki (WI)
Larry Nicholson (NC)
Ralph Parrish Jr. (PA)
Wayne Woebkenberg (IN)
Daniel Zielinski (OR)

    In accordance with 49 U.S.C. 31315(b)(1), each exemption is valid 
for two years unless revoked earlier by FMCSA. The exemption will be 
revoked if the following occurs: (1) The individual fails to comply 
with the terms and conditions of the exemption; (2) the exemption has 
resulted in a lower level of safety than was maintained prior to being 
granted; or (3) continuation of the exemption would not be consistent 
with the goals and objectives of 49 U.S.C. 31136 and 31315.

    Issued on: May 17, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-10557 Filed 5-22-17; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 82, No. 98 / Tuesday, May 23, 2017 / Notices 23709

two-year exemption period; (2) each DEPARTMENT OF TRANSPORTATION as described in the system of records
driver must submit annual reports from notice (DOT/ALL–14 FDMS), which can
their treating physicians attesting to the Federal Motor Carrier Safety be reviewed at http://www.dot.gov/
stability of treatment and that the driver Administration privacy.
has remained seizure-free; (3) each [FMCSA Docket No. FMCSA–2016–0011] II. Background
driver must undergo an annual medical
Qualification of Drivers; Exemption On December 29, 2016, FMCSA
examination by a certified Medical
Applications; Epilepsy and Seizure published a notice announcing receipt
Examiner, as defined by 49 CFR 390.5;
Disorders of applications from six individuals
and (4) each driver must provide a copy requesting an exemption from the
of the annual medical certification to AGENCY: Federal Motor Carrier Safety epilepsy prohibition in 49 CFR
the employer for retention in the Administration (FMCSA), DOT. 391.41(b)(8) and requested comments
driver’s qualification file, or keep a copy from the public (81 FR 96193). The
ACTION: Notice of final disposition.
of his/her driver’s qualification file if public comment period ended on
he/she is self-employed. The driver SUMMARY: FMCSA announces its January 30, 2017, and no comments
must also have a copy of the exemption decision to exempt six individuals from were received.
when driving, for presentation to a duly the requirement in the Federal Motor FMCSA has evaluated the eligibility
authorized Federal, State, or local Carrier Safety Regulations (FMCSRs) of these applicants and determined that
enforcement official. that interstate commercial motor vehicle granting exemptions to these
(CMV) drivers have ‘‘no established individuals would achieve a level of
VI. Preemption medical history or clinical diagnosis of safety equivalent to or greater than the
During the period the exemption is in epilepsy or any other condition which level that would be achieved by
effect, no State shall enforce any law or is likely to cause loss of consciousness complying with the current regulation
regulation that conflicts with this or any loss of ability to control a CMV.’’ 49 CFR 391.41(b)(8).
The exemptions enable these The physical qualification standard
exemption with respect to a person
individuals who have had one or more for drivers regarding epilepsy found in
operating under the exemption.
seizures and are taking anti-seizure 49 CFR 391.41(b)(8) states that a person
VII. Conclusion medication to operate CMVs in is physically qualified to drive a CMV
interstate commerce. if that person:
Based upon its evaluation of the eight
DATES: The exemptions were effective Has no established medical history or
exemption applications, FMCSA on February 3, 2017. The exemptions clinical diagnosis of epilepsy or any other
exempts the following drivers from the will expire on February 3, 2019. condition which is likely to cause the loss of
epilepsy/seizure standard, 49 CFR consciousness or any loss of ability to control
FOR FURTHER INFORMATION CONTACT: Ms. a CMV.
391.41(b)(8), subject to the requirements
Christine A. Hydock, Chief, Medical
cited above: Programs Division, (202) 366–4001, In addition to the regulations, FMCSA
Brian Justin Brown (PA) fmcsamedical@dot.gov, FMCSA, has published advisory criteria 1 to
Department of Transportation, 1200 assist medical examiners in determining
Adam Cutler (ME) whether drivers with certain medical
New Jersey Avenue SE., Room W64–
Rick L. Gardener (WI) 224, Washington, DC 20590–0001. conditions are qualified to operate a
Nathan J. Hanson (WI) Office hours are from 8:30 a.m. to 5 p.m. CMV in interstate commerce. [49 CFR
e.t., Monday through Friday, except part 391, APPENDIX A TO PART 391—
Larry Henington (UT) MEDICAL ADVISORY CRITERIA,
Federal holidays. If you have questions
Jason Speakman (IN) regarding viewing or submitting section H. Epilepsy: § 391.41(b)(8),
Robert Lee Sprouse Jr. (VA) material to the docket, contact Docket paragraphs 3, 4, and 5.]
Aaron M. Witt (NE) Services, telephone (202) 366–9826. III. Discussion of Comments
SUPPLEMENTARY INFORMATION: FMCSA received no comments in this
In accordance with 49 U.S.C.
31315(b)(1), each exemption is valid for I. Electronic Access proceeding.
two years unless revoked earlier by You may see all the comments online IV. Basis for Exemption Determination
FMCSA. The exemption will be revoked through the Federal Document Under 49 U.S.C. 31136(e) and
if the following occurs: (1) The Management System (FDMS) at: http:// 31315(b), FMCSA may grant an
individual fails to comply with the www.regulations.gov. exemption from the epilepsy/seizure
terms and conditions of the exemption; Docket: For access to the docket to standard in 49 CFR 391.41(b)(8) if the
(2) the exemption has resulted in a read background documents or exemption is likely to achieve an
lower level of safety than was comments, go to http:// equivalent or greater level of safety than
maintained prior to being granted; or (3) www.regulations.gov and/or Room would be achieved without the
continuation of the exemption would W12–140 on the ground level of the exemption. The exemption allows the
not be consistent with the goals and West Building, 1200 New Jersey Avenue applicants to operate CMVs in interstate
objectives of 49 U.S.C. 31136 and 31315. SE., Washington, DC, between 9 a.m. commerce.
and 5 p.m. e.t., Monday through Friday, In reaching the decision to grant these
Issued on: May 17, 2017.
except Federal holidays.
sradovich on DSK3GMQ082PROD with NOTICES

exemption requests, FMCSA considered
Larry W. Minor, Privacy Act: In accordance with 5 the 2007 recommendations of the
Associate Administrator for Policy. U.S.C. 553(c), DOT solicits comments
[FR Doc. 2017–10560 Filed 5–22–17; 8:45 am] from the public to better inform its 1 See http://www.ecfr.gov/cgi-bin/text-idx?

rulemaking process. DOT posts these SID=e47b48a9ea42dd67d999246e23d97970&
BILLING CODE 4910–EX–P
mc=true&node=pt49.5.391&rgn=div5#ap49.5.391_
comments, without edit, including any 171.a and https://www.gpo.gov/fdsys/pkg/CFR-2015
personal information the commenter -title49-vol5/pdf/CFR-2015-title49-vol5-part391-
provides, to http://www.regulations.gov, appA.pdf.

VerDate Sep<11>2014 21:15 May 22, 2017 Jkt 241001 PO 00000 Frm 00189 Fmt 4703 Sfmt 4703 E:\FR\FM\23MYN1.SGM 23MYN1

23710 Federal Register / Vol. 82, No. 98 / Tuesday, May 23, 2017 / Notices

Agency’s Medical Expert Panel (MEP). maintain a stable treatment during the DEPARTMENT OF TRANSPORTATION
The January 15, 2013, Federal Register two-year exemption period; (2) each
notice (78 FR 3069) provides the current driver must submit annual reports from Federal Motor Carrier Safety
MEP recommendations which is the their treating physicians attesting to the Administration
criteria the Agency uses to grant seizure stability of treatment and that the driver [Docket No. FMCSA–2006–24278; FMCSA–
exemptions. has remained seizure-free; (3) each 2006–25854; FMCSA–2008–0355; FMCSA–
The Agency’s decision regarding these driver must undergo an annual medical 2010–0203; FMCSA–2012–0050; FMCSA–
exemption applications is based on an examination by a certified Medical 2014–0378; FMCSA–2014–0379]
individualized assessment of each
Examiner, as defined by 49 CFR 390.5;
applicant’s medical information, Qualification of Drivers; Exemption
and (4) each driver must provide a copy
including the root cause of the Applications; Epilepsy and Seizure
respective seizure(s) and medical of the annual medical certification to Disorders
information about the applicant’s the employer for retention in the
seizure history, the length of time that driver’s qualification file, or keep a copy AGENCY: Federal Motor Carrier Safety
has elapsed since the individual’s last of his/her driver’s qualification file if Administration (FMCSA), DOT.
seizure, the stability of each individual’s he/she is self-employed. The driver ACTION: Notice of renewal of
treatment regimen and the duration of must also have a copy of the exemption exemptions; request for comments.
time on or off of anti-seizure when driving, for presentation to a duly
SUMMARY: FMCSA announces its
medication. In addition, the Agency authorized Federal, State, or local
decision to renew exemptions of 11
reviewed the treating clinician’s enforcement official.
individuals from the requirement in the
medical opinion related to the ability of
V. Preemption Federal Motor Carrier Safety
the driver to safely operate a CMV with
Regulations (FMCSRs) that interstate
a history of seizure and each applicant’s During the period the exemption is in commercial motor vehicle (CMV)
driving record found in the Commercial effect, no State shall enforce any law or drivers have ‘‘no established medical
Driver’s License Information System regulation that conflicts with this history or clinical diagnosis of epilepsy
(CDLIS) for commercial driver’s license exemption with respect to a person or any other condition which is likely
(CDL) holders, and interstate and
operating under the exemption. to cause loss of consciousness or any
intrastate inspections recorded in the
loss of ability to control a CMV.’’ The
Motor Carrier Management Information VI. Conclusion exemptions enable these individuals
System (MCMIS). For non-CDL holders,
Based upon its evaluation of the six who have had one or more seizures and
the Agency reviewed the driving records
exemption applications, FMCSA are taking anti-seizure medication to
from the State Driver’s Licensing
exempts the following drivers from the continue to operate CMVs in interstate
Agency (SDLA).
epilepsy/seizure standard, 49 CFR commerce.
These six applicants have been
seizure-free over a range of 10 to 27 391.41(b)(8), subject to the requirements DATES: Each group of renewed
years while taking anti-seizure cited above: exemptions was effective on the dates
medication and maintained a stable stated in the discussions below and will
medication treatment regimen for the Ryan Babler (WI) expire on the dates stated in the
last two years. In each case, the Craig Lasecki (WI) discussions below. Comments must be
applicant’s treating physician verified received on or before June 22, 2017.
Larry Nicholson (NC)
his or her seizure history and supports ADDRESSES: You may submit comments
Ralph Parrish Jr. (PA) bearing the Federal Docket Management
the ability to drive commercially.
A summary of each applicant’s Wayne Woebkenberg (IN) System (FDMS) Docket No. FMCSA–
seizure history was discussed in the Daniel Zielinski (OR) 2006–24278; FMCSA–2006–25854;
December 29, 2016, Federal Register FMCSA–2008–0355; FMCSA–2010–
notice (81 FR 96193) and will not be In accordance with 49 U.S.C. 0203; FMCSA–2012–0050; FMCSA–
repeated in this notice. 31315(b)(1), each exemption is valid for 2014–0378; FMCSA–2014–0379 using
The Agency acknowledges the two years unless revoked earlier by any of the following methods:
potential consequences of a driver FMCSA. The exemption will be revoked • Federal eRulemaking Portal: Go to
experiencing a seizure while operating a if the following occurs: (1) The http://www.regulations.gov. Follow the
CMV. However, the Agency believes the individual fails to comply with the online instructions for submitting
drivers granted this exemption have terms and conditions of the exemption; comments.
demonstrated that they are unlikely to (2) the exemption has resulted in a • Mail: Docket Management Facility;
have a seizure and their medical lower level of safety than was U.S. Department of Transportation, 1200
condition does not pose a risk to public maintained prior to being granted; or (3) New Jersey Avenue SE., West Building
safety. continuation of the exemption would Ground Floor, Room W12–140,
Consequently, FMCSA finds that in not be consistent with the goals and Washington, DC 20590–0001.
each case exempting these applicants • Hand Delivery: West Building
objectives of 49 U.S.C. 31136 and 31315.
from the epilepsy/seizure standard in 49 Ground Floor, Room W12–140, 1200
CFR 391.41(b)(8) is likely to achieve a Issued on: May 17, 2017. New Jersey Avenue SE., Washington,
level of safety equal to that existing Larry W. Minor, DC, between 9 a.m. and 5 p.m., e.t.,
sradovich on DSK3GMQ082PROD with NOTICES

without the exemption. Associate Administrator for Policy. Monday through Friday, except Federal
[FR Doc. 2017–10557 Filed 5–22–17; 8:45 am] Holidays.
IV. Conditions and Requirements • Fax: 1–202–493–2251.
BILLING CODE 4910–EX–P
The terms and conditions of the Instructions: Each submission must
exemption are provided to the include the Agency name and the
applicants in the exemption document docket number(s) for this notice. Note
and includes the following: (1) Each that all comments received will be
driver must remain seizure-free and posted without change to http://

VerDate Sep<11>2014 21:15 May 22, 2017 Jkt 241001 PO 00000 Frm 00190 Fmt 4703 Sfmt 4703 E:\FR\FM\23MYN1.SGM 23MYN1

Document Created: 2017-05-23 02:14:53
Document Modified: 2017-05-23 02:14:53

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of final disposition.
Dates		The exemptions were effective on February 3, 2017. The exemptions will expire on February 3, 2019.
Contact		Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m. e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.
FR Citation		82 FR 23709

82 FR 23709 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 98 (May 23, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration